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As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 618 |
REPRESENTATIVES OPFER-BENDER-MALLORY-BOGGS-HARTLEY-WESTON-ROBERTS-
HEALY-MAIER-JERSE-MOTTL-JAMES-PRENTISS-SAWYER-WHALEN-CATES-
LUEBBERS-BRADING-COLONNA-SULZER-BRITTON-TAVARES-METELSKY-
CORBIN-GRENDELL-TERWILLEGER-BATEMAN-FORD-PRINGLE-BOYD-THOMAS-
GARCIA-LUCAS-MOTTLEY-ALLEN-PATTON-VERICH-OGG-BRADY-WILSON-
WACHTMANN-VESPER-GARDNER-REID-GERBERRY-BUCHY-HAINES-O'BRIEN-
JOLIVETTE-SUTTON-LOGAN-JONES-MASON-PERZ-ROMAN-YOUNG-
HOUSEHOLDER-DAMSCHRODER-HODGES-NETZLEY-JOHNSON-SALERNO-
SENATORS LATTA-OELSLAGER
A BILL
To amend sections 4511.75 and 4549.99 of the Revised Code to increase
the penalty
for leaving the scene of an accident that results in
serious physical harm or death
and to require drivers of other
vehicles to stop for any bus operated by an agency
offering a Head Start
program when the bus is equipped and marked as a
school bus and is stopped to
receive or discharge a child attending the
program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.75 and 4549.99 of the Revised Code be amended to
read as
follows:
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction any school bus stopped for the purpose of receiving or
discharging any school child or, person attending programs
offered
by community boards of mental health and county boards of mental
retardation and developmental disabilities, OR CHILD ATTENDING A
PROGRAM OFFERED BY A HEAD
START AGENCY,
shall stop at least
ten feet from the front or rear of the school bus and shall not
proceed until such school bus resumes motion, or until signaled
by the school bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the Revised Code, and an automatically extended stop warning sign
of a type approved by the state board of education, which shall
be actuated by the driver of the bus whenever but only whenever
the bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children or, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, OR
CHILDREN ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES. A
school bus driver shall not actuate the visual signals or the
stop warning sign in designated school bus loading areas where
the bus is entirely off the roadway or at school buildings when
children or persons attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities are loading or unloading at
curbside OR AT BUILDINGS WHEN CHILDREN ATTENDING PROGRAMS OFFERED BY HEAD
START AGENCIES ARE LOADING OR UNLOADING AT CURBSIDE. The visual signals
and stop warning sign shall be
synchronized or otherwise operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child or, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, OR CHILDREN
ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways with four or more traffic lanes shall receive and
discharge all school children or, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, AND CHILDREN
ATTENDING PROGRAMS OFFERED BY HEAD START AGENCIES on their
residence side of the highway.
(E) No school bus driver shall start his THE DRIVER'S bus until
after
any child or, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, OR CHILD ATTENDING A PROGRAM OFFERED
BY A HEAD START AGENCY who may have alighted therefrom
has reached a place of safety on his THE CHILD'S OR PERSON'S
residence side of the road.
(F) AS USED IN THIS
SECTION:
(1) "HEAD START AGENCY" HAS THE SAME MEANING AS IN DIVISION
(A)(1) OF SECTION 3301.31 OF THE
REVISED
CODE.
(2) "SCHOOL BUS," AS USED IN RELATION TO CHILDREN WHO
ATTEND A PROGRAM OFFERED BY A HEAD START AGENCY, MEANS A BUS THAT IS OWNED AND
OPERATED BY A HEAD START AGENCY, IS EQUIPPED WITH AN AUTOMATICALLY EXTENDED
STOP WARNING SIGN OF A TYPE APPROVED BY THE STATE BOARD OF EDUCATION, IS
PAINTED THE COLOR AND DISPLAYS THE MARKINGS DESCRIBED IN SECTION 4511.77 OF
THE
REVISED CODE,
AND IS EQUIPPED WITH AMBER AND RED VISUAL SIGNALS MEETING THE REQUIREMENTS OF
SECTION 4511.771 OF THE REVISED
CODE, IRRESPECTIVE OF WHETHER OR NOT THE BUS
HAS FIFTEEN OR MORE CHILDREN ABOARD AT ANY TIME. "SCHOOL BUS" DOES NOT
INCLUDE A VAN OWNED AND OPERATED BY A HEAD START AGENCY, IRRESPECTIVE OF ITS
COLOR, LIGHTS, OR MARKINGS.
Sec. 4549.99. (A) Whoever violates section 4549.01,
4549.10, 4549.11, or 4549.12 of the Revised Code is guilty of a
minor misdemeanor on a first offense and a misdemeanor of the fourth
degree
on each subsequent offense.
(B) Whoever EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,
WHOEVER violates section 4549.02,
4549.021, or 4549.03
of the Revised Code is guilty of a misdemeanor of the first
degree. WHOEVER VIOLATES SECTION 4549.02 OR 4549.021 OF THE
REVISED CODE WHEN THE ACCIDENT OR COLLISION THAT IS THE
BASIS OF THE VIOLATION RESULTS IN SERIOUS PHYSICAL HARM OR DEATH TO A PERSON
IS GUILTY
OF A FELONY OF THE FIFTH DEGREE.
(C) Whoever violates section 4549.042 or sections 4549.41
to 4549.46 of the Revised Code is guilty of a felony of the
fourth degree on a first offense and a felony of the third degree on
each
subsequent offense. The prosecuting attorney of the proper county, or the
attorney general by information or complaint, may bring a criminal action
in the courts of common pleas of this state, or in any other
court of competent jurisdiction, to enforce the provisions of
sections 4549.41 to 4549.51 of the Revised Code. The attorney
general and the prosecuting attorney of the county in which a
person licensed or granted a permit under Chapter 4517. of the
Revised Code is convicted of, or pleads guilty to, a violation of
sections 4549.41 to 4549.46 of the Revised Code shall report the
conviction or guilty plea to the registrar of motor vehicles
within five business days.
(D) Whoever violates section 4549.08 of the Revised Code
is guilty of a misdemeanor of the fourth degree on a first
offense and
a misdemeanor of the third degree on each subsequent offense.
(E) Whoever violates section 4549.18 or division (D)(4)(c)
of section 4549.62 of the Revised Code is guilty of a minor
misdemeanor.
(F) Whoever violates division (A), (B), (C), or (D)(1) of
section 4549.62 of the Revised Code is guilty of a felony of the
fifth degree on a first offense and a felony of the
fourth
degree on each subsequent offense.
Section 2. That existing sections 4511.75 and 4549.99 of the Revised Code are
hereby
repealed.
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